If you’re planning to undertake construction work on a shared boundary with your neighbour, you might need a party wall agreement. It’s a legal document that outlines the responsibilities and rights of both parties involved in the construction process.
If you’re planning to carry out construction work on your property that will affect your neighbour’s party wall, you’ll need to serve them with a party wall notice. This legal document informs your neighbour of the work that you plan to do and how it may affect their property.
Serving a party wall notice on your neighbour can be a complex process, but in this comprehensive guide, our party wall surveyor Maidstone show you how to do it, step-by-step.
A party wall is a wall that separates two properties in Maidstone and is owned by both parties. It can also refer to a wall that stands on one property but is used by both properties. The Party Wall etc. Act 1996 regulates the rights and responsibilities of property owners when carrying out work that affects party walls.
When is a Party Wall Notice Required?
A party wall notice is required if you plan to carry out work on your property in Maidstone that affects a party wall. Here are some examples of when a party wall notice may be required:
Building an extension that affects the party wall
Demolition of a chimney breast that is a portion of the party wall
Underpinning a party wall foundation
Building a new wall on the boundary line
Serving a party wall notice on your neighbour in Maidstone is a legal requirement, and it’s important to get it right. Here are the steps to serving a party wall notice:
The first step is to identify the properties that will be affected by the construction work and your agreed surveyor will be able to see if a party wall award is needed. This includes your property and your neighbour’s property.
Determine the Type of Notice Required
There are two types of party wall notices that you can serve on your neighbour in Maidstone. They are:
Party Wall Notice: This is the most common type of notice and is used when you’re carrying out work that will affect the party wall.
Notice of Adjacent Excavation: This notice is used when you plan to excavate near your neighbour’s property, and the excavation work may affect their property.
Draft the Notice
Once you know the type of notice that you need to serve, you’ll need to draft the notice. You can do this yourself, or you can hire a professional to do it for you. The notice should include the following information:
The address of the affected properties
The nature and scope of the proposed work
The start date of the proposed work
The party wall owner’s rights and responsibilities
A statement of acknowledgement
Serve the Notice
The final step is to serve the notice on your neighbour. You can do this in person, by registered mail, or by hiring a professional process server. You must serve the notice at least two months before the start of the construction work.
Serving a party wall notice can have several advantages, including:
Legal Protection: By serving a party wall notice, you’re protecting yourself from legal action that may be taken by your neighbour.
Clarity: Serving a party wall notice can provide clarity on what you’re planning to do and how it will affect your neighbour’s property.
Proof of Service: If your neighbour doesn’t comply with the notice, you’ll have proof that you served it.
RICS building surveyors covering Maidstone area, Kent, London and Ashford for building owner and adjoining owner for notifiable work such as a loft conversion etc.
Serving a party wall notice on your neighbour in Maidstone is a legal requirement when carrying out work that
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